Gujarat HC Affirms Regularisation Of Sweeper Working Around 8 Hours A Day For Over 30 Years

Justice Biren Vaishnav of the Gujarat High Court has affirmed the order of the Industrial Tribunal which directed the Petitioner-State authorities to regularise the position of a sweeper who had been working for over four hours everyday for the past thirty years. The Tribunal had directed that the State also remit all the arrears from the date of reinstatement given the length...

Holding Hands Of A Child & Saying That They Are Beautiful Cannot Be Considered As A 'Sexual Assault' Under POCSO Act: Meghalaya HC

The Meghalaya High Court observed that the act of holding the hands of a child and saying that her hands are beautiful cannot be considered an act of sexual assault under POCSO Act.The accused, as per the prosecution case, after asking for a glass of water from the victim, and on the victim bringing the water to him, grabbed a nine year old girl's hand. In her statement under Section 164...

Speedy Investigation : Karnataka High Court Sets Time Limit For Probe; 60 Days For Petty Offences, 90 Day For Heinous Crimes

The Karnataka High Court has issued general directions for speedy conclusion of investigations in criminal matters. A single judge bench of Justice S Sunil Dutt Yadav in its interim order said, "There is a requirement to pass directions for speedy conclusion of investigation, that may be applicable to the matters in general." The bench also remarked that Investigation Officers are...

Mumbai Police Registers FIR Against BJP Spokesperson Nupur Sharma Over Comments On Prophet Mohammed

The Mumbai Police has registered an FIR against BJP Spokesperson Nupur Sharma for her alleged derogatory remarks against the founder of Islam - Prophet Mohammed.Based on the complaint, the Pydhonie police station registered an FIR at 8.30 PM on May 28 against Sharma under sections 295A (Malicious act to insult a religion), 153A (promoting enmity between groups) and 505(2)(statements conducing...

Arbitration Cases Weekly Round-Up: 22nd May To 28th May, 2022

Supreme Court: Arbitration Act - Dispose Sec 11(5) & 11(6) Applications Pending For Over 1 Year Within 6 Months : Supreme Court To High Courts Case Title: M/s Shree Vishnu Constructions versus The Engineer in Chief Military Engineering Service And Ors. Citation: 2022 LiveLaw (SC) 523 The Supreme Court of India has made strong observations emphasising the need for High...

Explainer : What Is Order 7 Rule 11 CPC? When Can Plaint Be Rejected?

The presentation of a plaint, i.e. the pleading of the plaintiff in a suit; marks the institution of a civil suit. The Civil Procedure Code, 1908, provides for the remedy of rejection of plaint under Order VII Rule 11, on certain specifically states grounds. Order VII Rule 11 provides: "Court shall reject a plaint: (a) where it does not disclose a cause of action; (b) where the relief...

Supreme Court Quarterly Digest 2022 - CONSUMER PROTECTION LAW (Jan - Mar)

Consumer Law - Transfer Petition filed seeking transfer of consumer complaints pending before Consumer fora to Bombay High Court - Dismissed - The consumer complaints are filed under the Consumer Protection Act, therefore, such consumer complaints cannot be transferred to the High Court exercising the jurisdiction under Article 226 of the Constitution of India. Yes bank v. 63...

Life Imprisonment Without Realistic Possibility Of Parole Unconstitutional: Canada Supreme Court

The Canada Supreme Court held that a criminal law provision authorizing sentence of imprisonment for life without a realistic possibility of parole is unconstitutional."By stipulating that a court may impose consecutive 25-year parole ineligibility periods, the impugned provision authorizes the infliction of a degrading punishment that is incompatible with human dignity", the Court...

"Quite Unnatural That A Man Would Rape Daughter-In-Law Along With Someone In Indian Culture": Allahabad HC Grants Pre Arrest Bail

The Allahabad High Court last week granted anticipatory bail to a man accused of raping his daughter-in-law as the Court noted that it is quite unnatural that a father-in-law shall commit rape of his own daughter-in-law along with some other person in our Indian culture."...considering that it is quite unnatural that a father-in-law shall commit rape of his own daughter-in-law along with...

Mere Fact That Wife Is Earning Would Not Dis-Entitle Her From Claiming Maintenance: Rajasthan High Court

The Rajasthan High Court on Thursday observed that merely the fact that the wife is earning would not dis-entitle her from claiming maintenance from her husband. The Court opined that the charge of desertion cannot become a ground so as to enable the husband to disqualify the wife from claiming the amount of monthly maintenance, in any manner whatsoever.Essentially, the marriage of the...

Can't Compare Online With Offline, MCQ With Descriptive Questions: Plea In Bombay HC For Uniformity In Exam Mode & Pattern For All Universities

Students from different Universities in Maharashtra pursuing undergraduate courses have moved the Bombay High Court for uniformity in the mode of examination and timely declaration of results. The petitions say that in the meeting between the Minister of Higher and Technical Education, Maharashtra and Vice Chancellors of all state Universities on April 25, 2022, it was decided that...

Why Audio Recording Facility In CCTVs At Police Station Not Enabled?: High Court Asks Delhi Govt, Police

The Delhi High Court has sought response of the Delhi Government as well as the city police on installation of audio footage of CCTV cameras in a police station as per directions of the Supreme Court in Paramvir Singh Saini v. Baljit Singh & Others.Justice Anu Malhotra sought the status report from the State while posting the matter for further hearing on July 27. "…the respondent Nos.1...